[Federal Register: January 13, 2004 (Volume 69, Number 8)]
[Proposed Rules]
[Page 1957-1958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja04-17]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1135
[Docket No. AO-380-A18; DA-01-08-W]
Milk in the Western Marketing Area; Proposed Termination of the
Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed termination of order.
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SUMMARY: This document invites written comments on the proposed
termination of the order regulating the handling of milk in the Western
marketing area. A proposal amending the Western order failed to receive
the required two-thirds
[[Page 1958]]
approval in a recent producer referendum. Since the Department has
determined that the provisions of the proposed amended order are
necessary to effectuate the declared policy of the applicable statutory
authority, it is necessary to consider terminating the present order.
DATES: Comments are due on or before February 12, 2004.
FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Marketing Specialist,
Order Formulation and Enforcement Branch, USDA/AMS/Dairy Programs, Room
2971--Stop 0231, 1400 Independence Avenue, SW., Washington, DC 20250-
0231, (202) 690-1366, e-mail address: gino.tosi@usda.gov.
SUPPLEMENTARY INFORMATION: The Department is issuing this proposed
action in conformance with Executive Order 12866.
This proposed termination has been reviewed under Executive Order
12988, Civil Justice Reform. This action is not intended to have a
retroactive effect. If adopted, this proposed action will not preempt
any state or local laws, regulations, or policies, unless they present
an irreconcilable conflict with the action.
The Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674), provides that administrative proceedings must be
exhausted before parties may file suit in court. Under section
608c(15)(A) of the Act, any handler subject to an order may request
modification or exemption from such order by filing with the Secretary
a petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with the law. A handler is afforded the opportunity for a hearing on
the petition. The Act provides that the district court of the United
States in any district in which the handler is an inhabitant, or has
its principal place of business, has jurisdiction in equity to review
the Secretary's ruling on the petition, provided a bill in equity is
filed not later than 20 days after the date of the entry of the ruling.
Small Business Consideration
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.), the Agricultural Marketing Service has considered the economic
impact of this action on small entities and has certified that this
proposed action will not have a significant economic impact on a
substantial number of small entities. This rule would eliminate the
regulatory impact of the order on dairy farmers and regulated handlers.
For the purpose of the Regulatory Flexibility Act, a dairy farm is
considered a ``small business'' if it has an annual gross revenue of
less than $750,000, and a dairy products manufacturer is a ``small
business'' if it has fewer than 500 employees.
In the Western Federal milk order 550 of the 860 dairy producers
(farmers), or 64 percent, whose milk was pooled under the order in June
2003 would meet the definition of small businesses. On the processing
side, 15 of the 42 milk plants or 36 percent associated with the
Western milk order during June 2003 would qualify as ``small
businesses''.
Interested parties are invited to submit comments on the probable
regulatory and informational impact of this proposed action on small
entities.
Proposed Termination of Rule
Notice is hereby given that, pursuant to the provisions of the
Agricultural Marketing Agreement Act, the termination of the order
regulating the handling of milk in the Western marketing area is being
considered.
All persons who want to send written data, views, or arguments
about the proposed termination should send two copies to the USDA/AMS/
Dairy Division, Order Formulation and Enforcement Branch Room 2971--
Stop 0231, 1400 Independence Avenue, SW., Washington, DC 20250-0231, by
the 30th day after the publication of this notice in the Federal
Register. The period for filing comments is limited to 30 days because
a longer period would not provide the time needed to complete the
required procedures before the termination is to be effective.
The comments that are received will be made available for public
inspection in the Dairy Division during normal business hours (7 CFR
1.27 (b)).
Statement of Consideration
The proposed action would terminate the order regulating the
handling of milk in the Western marketing area.
On August 8, 2003, the Department issued a tentative final decision
on proposed amendments to the Western Federal milk order, which was
published August 18, 2003 (68 FR 49375). The document was then followed
by a referendum order for the Western marketing area to ascertain
whether producers supplying that market approve the issuance of the
proposed amended order.
The enabling statute requires that at least two-thirds of the
producers (measured in terms of either number or volume) voting in a
referendum must approve the issuance of a order before it can be put
into effect. Less than two-thirds percent of the voting producers in
the referendum approved the issuance of the proposed amended order for
the Western marketing area. In these circumstances, where it has been
concluded that the order should be amended to effectuate the declared
policy of the enabling statute and that the amended order was not
approved by producers, it appears that continuation of the existing
Western order would not be in conformity with the applicable statutory
authority. Therefore, it is necessary to consider terminating the
present order.
The period for filing comments is limited to 30 days because a
longer period would not provide the time needed to complete the
required procedures before and coordinate the termination with
amendatory action being taken on milk orders for neighboring markets.
List of Subjects in 7 CFR Part 1135
Milk marketing orders.
Authority: 7 U.S.C. 601-674.
Dated: January 7, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-689 Filed 1-12-04; 8:45 am]
BILLING CODE 3410-02-P